Legal Question in Criminal Law in Ohio

Underage Consumption

I was camping in Hocking County and there was drinking done by some adults and some underage people. I was not drinking. The park rangers came and told us that they saw drinking and asked what our ages were, to that I answered my age, 19. We were told that it is illegal because it is public grounds and such and then the officers came up to me and told me to empty my pockets, in which I did bringing out a flashlight, phone, etc. One of the officers told me to reach below the picnic table I was sitting at and pick up a can of beer that was on the ground, on its side, about three feet away. I was asked to 'take a walk' to the patrol car. He asked me for my SSN and wrote me a ticket for 4301.69E1. I wasn't administered a breathalyzer test or any other form of sobriety test. I was the only one who was given a citation.

Is there anything that I can do to prove that it is just the officers' words against mine as to 'having alcohol in my possession', which is the only thing I can possibly think of them using as incriminating evidence (despite the fact that I was never in possession of alcohol).


Asked on 5/14/09, 9:39 pm

1 Answer from Attorneys
Bradley Miller Miller Law LLC

Re: Underage Consumption

Would the other adults and underage people who were camping with you be willing to testify that you were not in fact drinking and the only time you had a beer in your hand was when you picked up the can pursuant to the officer's order? This is a "he said, she said" kind of case, putting your word against the officers'. Your word against theirs is not a very strong case, but if you can get the other people who were camping to affirm your story, that can be very powerful. I would talk to everyone else and make sure their story agrees with yours and to see if they would be willing to testify to what happened. If everyone's story is the same, that might help you defeat the charge.

If you have any further questions or would like to discuss your situation in more detail, feel free to contact me.

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Answered on 5/15/09, 9:32 am


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